PASTURE GOVERNANCE: An example of complexities of NRM in Bhutan
Presentation to the 2nd Asian Judges Symposium on the Environment3-5 December 2013 , ADB Headquarters, Manila
Ms. Nima Om, Legal Officer, Ministry of Agriculture and Forests, Bhutan
Presentation OutlinePresentation Outline
• Background• Legal Framework on
Land• Pasture rights : Pre -
Post Land Act(LA),2007• Positive Outcomes
intended by LA,2007• Implications of LA,2007• Administrative and
Implementing Issues• Conclusion
BackgroundBackground
Chronology of the Legislation Chronology of the Legislation
Pasture under Bhutan’s ContextPasture under Bhutan’s Context
Pasture Land Rights prior to LA Pasture Land Rights prior to LA 20072007
Allowed inter district migration Right to:
a) Register pasture land on Individual and Community
b) Grazing -grazing fees irrespective of area owned
c) Protect against trespassing and encroachment
d) Apply for conversion of the Pasture land to private ownership, if the right holder has a insufficient cultivable land
Compensation, if the pasture land is allotted to the landless people by the government
Pasture land can be let- out with the permit from government
The Nationalization of Pasture land: Annulment of right to ownership
Pasture land reverted as:
a) Government Land in the urban areas
b) Government Reserve Forest in rural area
Mandated to put on leasehold(rural areas) with the Management PlanAnnulment of grazing rights :
a) After 180 days of disowning Livestock
b) Abandonment of the place of domicile(Highlanders)
Changes in Pasture Rights with Changes in Pasture Rights with LA, 2007LA, 2007
Changes in Pasture Rights with Changes in Pasture Rights with LA, 2007LA, 2007
Leasing Eligibility :
a) Preference to previous right holders, Individual /community
b) Herd size and Possession of Livestock except Highlanders
c) No subleasing except by the highlanders Entitled to cash compensation based on the registered area
Prohibitions :
a) No other purpose except pasture
b) Construction of any permanent structure
Positive outcomes intended by Positive outcomes intended by LA 2007LA 2007
Implications of LA 2007Implications of LA 2007
Administrative & implementing Administrative & implementing issues issues
ConclusionConclusion
Change in Policies have changed the land use
Implications on the livelihood of livestock depended farmers
Loss of traditional local institutions and replaced by national law
Challenge with the legislation: Need to change and adapt with the changing need
Tashi Delek !Tashi Delek !